TO: WHISTLER PHOTO SAFARIS LTD. (the OPERATORS), WHISTLER SPORT LEGACIES, COAST MOUNTAIN RESERVATIONS and ALL INDIVIDUALS OR ENTITIES WHO PROVIDE OR MAKE AVAILABLE FACILITIES, PREMISES, EQUIPMENT OR SERVICES FOR THE OPERATORS, and their respective directors, officers, employees, agents, guides, volunteers, independent contractors, representatives, successors and assigns (hereinafter referred to as “the RELEASEES”.)
In this Agreement, the term “Adventure Activities” shall include all activities, events or services provided, arranged, organized, conducted, sponsored or authorized by THE RELEASEES and shall include, but are not limited to use of park infrastructure, hiking, sightseeing, travel to and from the tour areas, back country travel, orientation and instructional courses, seminars and sessions; and other such activities, events and services in any way connected with or related to those activities, whether taking place before, during or following my participation in the Adventure Activities.
ACKNOWLEDGEMENT – SAFETY
I acknowledge that I am required to wear appropriate footwear while participating in certain Adventure Activities. I am aware that there are guides or instructors available to answer any questions that I may have as to the proper use of the equipment and regarding known risks inherent in the Adventure Activities. I am aware that the physical exertion required of Adventure Activities can activate or aggravate pre-existing physical injuries, conditions, or congenital defects. I acknowledge that I should seek medical advice if I know or suspect that my physical condition may be incompatible with Adventure Activities. I further acknowledge that falling objects pose a serious risk to others and that I will be held responsible for any and all damage or injury caused to property or persons as a result of my dropping, throwing or otherwise releasing any items whatsoever while participating in the Adventure Activities.
ASSUMPTION OF RISKS
I am aware that Adventure Activities involve many risks, dangers and hazards including but not limited to: changing weather conditions; falling objects; falling from platforms, cables and other structures; shock, stress or other injury to the body; encounters with wildlife including bears and cougars; equipment malfunction including; collision with trees, vehicles, equipment or structures; collision with other participants or guides; my failure to remain within designated areas; becoming lost or separated from guides or other participants; negligence of other participants or guides; and NEGLIGENCE ON THE PART OF THE RELEASEES, INCLUDING THE FAILURE ON THE PART OF THE RELEASEES TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS OF THE ADVENTURE ACTIVITIES. I am also aware that these risks, dangers and hazards referred to above exist on terrain that may be uncontrolled, unmarked and not inspected.
I AM AWARE OF THE RISKS, DANGERS AND HAZARDS ASSOCIATED WITH ADVENTURE ACTIVITIES AND I FREELY ACCEPT AND FULLY ASSUME ALL SUCH RISKS, DANGERS AND HAZARDS AND THE POSSIBILITY OF PERSONAL INJURY, DEATH, PROPERTY DAMAGE AND LOSS, WHETHER TO MYSELF OR THAT I MAY CAUSE TO OTHERS, RESULTING THEREFROM.
RELEASE OF LIABILITY, WAIVER OF CLAIMS AND INDEMNITY AGREEMENT
In consideration of THE RELEASEES allowing me to participate in Adventure Activities and permitting my use of their property, platforms, bridges, trails, roads, other structures and equipment (hereinafter referred to as “The Facilities”), and for other good and valuable consideration, the receipt and sufficiency of which is acknowledged, I HEREBY IRREVOCABLY AGREE AS FOLLOWS:
1. TO HOLD HARMLESS AND INDEMNIFY THE RELEASEES from any and all liability for any damage to property or personal injury of any nature to any third party, resulting from my use of or presence on the Facilities and my participation in the Adventure Activities;
2. This Agreement shall be effective and binding upon my heirs, next of kin, executors, administrators, assigns and representatives, in the event of my death or incapacity;
3. This Agreement and any rights, duties and obligations as between the parties to this Agreement shall be governed by and interpreted solely in accordance with the laws of the Province of British Columbia and no other jurisdiction;
4. Any litigation involving the parties to this Agreement shall be brought solely within the Province of British Columbia and shall be within the exclusive jurisdiction of the Courts of the Province of British Columbia.
5. To consent to having photos or videos taken of me while participating in Adventure Activities and to the publication of the photos or videos by the Releasees for advertising, marketing and promotional purposes.
WAIVER/RELEASE FOR COMMUNICABLE DISEASES INCLUDING COVID-19
- Participation includes possible exposure to and illness from infectious diseases including but not limited to MRSA, influenza, and COVID-19. While particular rules and personal discipline may reduce this risk, the risk of serious illness and death does exist; and,
- I KNOWINGLY AND FREELY ASSUME ALL SUCH RISKS, both known and unknown, EVEN IF ARISING FROM THE NEGLIGENCE OF THE RELEASEES or others, and assume full responsibility for my participation; and,
- I willingly agree to comply with the stated and customary terms and conditions for participation as regards protection against infectious diseases. If, however, I observe and any unusual or significant hazard during my presence or participation, I will remove myself from participation and bring such to the attention of the nearest official immediately; and,
- I, for myself and on behalf of my heirs, assigns, personal representatives and next of kin, HEREBY RELEASE AND HOLD HARMLESS WHISTLER PHOTOSAFARIS LTD., their officers, officials, agents, and/or employees, other participants, sponsoring agencies, sponsors, advertisers, and if applicable, owners and lessors of premises used to conduct the event (“RELEASEES”), WITH RESPECT TO ANY AND ALL ILLNESS, DISABILITY, DEATH, or loss or damage to person or property, WHETHER ARISING FROM THE NEGLIGENCE OF RELEASEES OR OTHERWISE, to the fullest extent permitted by law.
I AM NOT RELYING UPON ANY ORAL OR WRITTEN REPRESENTATIONS OR STATEMENTS MADE BY THE RELEASEES WITH RESPECT TO THE SAFETY OF THE ADVENTURE ACTIVITIES OTHER THAN WHAT IS SET FORTH IN THIS AGREEMENT. I CONFIRM THAT, PRIOR TO SIGNING THIS AGREEMENT, I HAVE READ AND UNDERSTAND THIS AGREEMENT, AND I AM AWARE THAT BY SIGNING THIS AGREEMENT I AM WAIVING CERTAIN LEGAL RIGHTS WHICH I OR MY HEIRS, NEXT OF KIN, EXECUTORS, ADMINISTRATORS, ASSIGNS AND REPRESENTATIVES MAY HAVE AGAINST THE RELEASEES.
FOR AND ON BEHALF OF A PARTICIPANT OF MINORITY AGE, BY SIGNING WHERE INDICATED BELOW, I HEREBY CERTIFY THAT I AM THE PARENT/GUARDIAN WITH LEGAL RESPONSIBILITY FOR THIS PARTICIPANT OF MINORITY AGE, AND I ACKNOWLEDGE THE RISKS ASSOCIATED WITH THE PARTICIPATION BY THE PARTICIPANT IN THE ADVENTURE ACTIVITIES AND I HEREBY DO CONSENT AND AGREE TO HIS/HER RELEASE OF ALL THE RELEASEES, AND, FOR MYSELF, MY HEIRS, ASSIGNS, AND NEXT OF KIN, I RELEASE AND AGREE TO INDEMNIFY THE RELEASEES FROM ANY AND ALL LIABILITIES INCIDENT TO THIS PARTICIPANT OF
Today's Date: September 18, 2020